scholarly journals CHILD CUSTODY: A RIGHT OR A DUTY (A STUDY OF AN APPROACH TO AMEND ARTICLE 57 OF THE IRAQI PERSONAL STATUS LAW)

2022 ◽  
Vol 04 (01) ◽  
pp. 473-487
Author(s):  
Um Kalthum Sabeeh MOHAMME ◽  
Saja Hazim MAHMOOD
Keyword(s):  
Everyday Life ◽  
Islamic Law ◽  
Best Interest ◽  
Legal Rules ◽  
The People ◽  
Contemporary Life ◽  
Personal Status ◽  
Current Century ◽  
The Right ◽  
Shed Light

The current century has witnessed a revolution in different fields which required some legal rules to be reformulated to adapt with the volume of challenges imposed by the contemporary life on marriage life in general, on the children, which are the most important thing that may result from marriage, and on the importance of caring for their needs. As God has divided the parents’ duties in caring for their children throughout the stages of their liv.es. He laid upon the mother the responsibility of caring for children starting from pregnancy, delivery, breastfeeding until infancy. While He, especially, assigned the father the responsibility of what comes after. But sometimes a child may lose one or both parents; and here the question arises about who shall take custody and what is the period required to satisfy that right. Article (57) of Personal Status Law No. (188) for the year 1959 has answered this question with its nine clauses and confirmed the necessity of caring for the child’s best interest and prioritizing it over the parents’ rights. However, the Iraqi Parliament has adopted an amendment of this Article in its latest proposals under the pretext of being in line with changes of everyday life with the assurance of applying the spirit of Islamic Law. It discussed the transmission of the child’s custody from the mother to the father after the age of seven in opposition to the current law that grants the mother this right until the child turns fifteen years of age; it also stipulated that the mother shall not get married in order to attain custody over the child which is regarded as a Statutory Offence represented in forcing the mother not to get married during which she holds custody over the child. Meanwhile, it did not stipulate over the father abstinence from marriage in order to attain custody over his children. The amendments have also showcased the entitlement of the grandfather’s right in custody rather than the mother in case the father died or didn’t fulfill the conditions of custody. By doing so, the rule would deprive the mother from her child upon turning seven years of age without attention being paid to the subsequential feeling of instability such decision causes to the child. The parliament should have tried to balance between the child’s right of maternal tenderness or paternal security. This is the aim of our research which will shed light on this subject in two scopes, the first of which focuses on educating the people of the right of custody and its period, and the second of which is dedicated to discussion of amendments and making proper recommendation.

scholarly journals Konsep Khilafah Menurut Sayyid Quthb dan Taqiyuddin Al-Nabhani dalam Perspektif Syiasyah Syar’iyyah

PALAPA ◽  
2020 ◽  
Vol 8 (2) ◽  
pp. 244-284
Author(s):  
Nurhadi Nurhadi ◽  
Mawardi Dalimunthe
Keyword(s):  
Islamic Law ◽  
Descriptive Analysis ◽  
Data Sources ◽  
Primary Data ◽  
Legal Basis ◽  
Islamic World ◽  
The People ◽  
Qualitative Descriptive ◽  
The One ◽  
The Right

The purpose of this study is to find out the concept of khilafah according to Sayyid Quthub and Taqiyuddin al-Nabhani, differences and legal basis. This study is a library model, with primary data sources, the Zhilalal-Qur'anic Tafseer and Nizham Al-Hukmi Fi Al-Islam and qualitative descriptive analysis methods. The result is the thought of the concept of khilafah according to sayyid Quthub: 1). The concept of the ruler / caliph, that who becomes the ruler of the choice of the Muslims, acts in absolute freedom, but that person gets the authority because he constantly applies the law of Allah Almighty. 2). The Islamic government system, the Supra Nasional government (the unity of the entire Islamic world). 3). The pillars of his Islamic government: a). Justice of the ruler; b). People's obedience; c). Consultation between the people and the authorities. Thought of the concept of the Caliphate according to Taqiyuddin Al-Nabhani: 1). The concept of the ruler / caliph is a person who represents the Ummah in government affairs and power and in applying syara 'laws. 2). The system of government is khilafah. 3). The pillars of his Islamic government: a). Sovereignty in the hands of syara '; b). Power of the people; c). To appoint a legal Caliph fardlu for all Muslims; d). Only Khailfah has the right to carry out tabanni (adoption) against syara 'laws; e) The Caliph has the right to make constitutions and all other laws. The differences in the concept of khilafah are both: 1). According to Sayyid Quthub, if the ruler fails, then the ruler can be dismissed if the Muslims are no longer satisfied with him. This statement gives a signal that the people get rid of the rulers who no longer fulfill their functions (zhalim rulers). It is different from the opinion of Taqiyuddin al-Nabhani. An Amir al-mu'minin (Khalifah), even though he is responsible before the people and his representatives, but the people and their representatives are not entitled to dismiss him. Nor will the Caliph be dismissed, except when deviating from Shara law. The one who determined the dismissal was only the Mazhalim court. 2). The system of Islamic government according to Sayyid Quthub does not question any system of government in accordance with the system of conditions of society, but this government is characterized by respect for the supremacy of Islamic law (shari'ah). Whereas According to Taqiyuddin Al-Nabhani that the system of Islamic government is khilafah. 3). The pillars of Islamic government according to Sayyid Quthub and Taqiyyuddin al-Nabhani, points three parts a and b at the above conclusions are: 1). Sayyid Quthub: a). Justice of the ruler; b). People's obedience; c). Consultation between the people and the authorities. 2). Taqiyyuddin al-Nabhani: a). Sovereignty in the hands of syara; b). Power of the people; c). To appoint a legal Caliph fardlu for all Muslims; d). Only Khailfah has the right to do tabanni (adoption) against the laws of shara; e). The Caliph has the right to make constitutions and all other laws. The legal bases for determining the Caliphate according to both: 1). The legal basis for the establishment of the Caliphate according to Sayyid Quthub: 1). Ruler, Qur'an Surah (2) al-Baqarah verse 30; 2). Islamic Government System, Qur'an Surah (24) an-Nur verse 55; 3). Pillars of Islamic Government, Qur'an Surah (4) an-Nisa 'verse 58. 2). The legal basis for the establishment of the Caliphate according to Taqiyyuddin al-Nabhani: 1). Ruler, hadith of Muslim history from Abu Said Al khudri, Hadith no. 1853 and Muslims from Abdullah Bin Amru Bin Ash, Hadith no. 1844; 2). Islamic Government System, Al-Qur'an surah an-Nisa '(4) verse 59, an-Nisa' (4) verse 65. Muslim, saheeh Muslim, volumes, 3 pp., 1459 and 1480; 3). Islamic Pillars of Government al-Qur'an surah An-Nisa (3) verse 65, and Surah An-Nisa (3) verses': 5.

scholarly journals The Religious Responsibilities of the Rulers; Prophet PBUH as a Role Model

Al-Duhaa ◽  
2021 ◽  
Vol 1 (02) ◽  
Author(s):  
Ahmed Abdul Rehman ◽  
Ussama Ahmed ◽  
Ahmed Abdullah
Keyword(s):  
Role Model ◽  
Islamic Law ◽  
Human Life ◽  
Self Esteem ◽  
Substantial Effect ◽  
Public Confidence ◽  
The People ◽  
The Right ◽  
Material Values ◽  
Islamic Society

ISLAM is the religion that emphases on the overall human life. It covers all aspects of the physical body, the soul or the spirit, the emotion and the intellect. The Almighty Allah has stated that, True believers those who, if we give them power in the land, establish regular prayer and give zakat, enjoin the right and forbid wrong. That So, we can highlight from these directives of the holy Quran that the religious responsibilities of the Muslim rulers are that they protect the Divine bounds; defend the religion and invite the people to Allah by means of argument and good advice. A ruler is a trustee of the people and vicegerent of Allah. The ruler of a Muslim state has, among other things, to enjoin what is right and forbid what is wrong. What could be right and wrong has been clearly identified in the Quran and sunnah. Some of the acts and behaviors identified which can be promoted more appropriately through positive measures like counselling, motivation, preaching, guidance, creation of appropriate environment, and other similar measures. The most effective of these measures could, however, be what is called exemplifying. It would mean that the ruler should do himself what is right and refrain from doing what is wrong and thereby set an example. Leading by exemplifying has deep psychological and substantial effect on others to follow and emulate. Therefore, the Seerah of the prophet PBUH is the best source for us in this regard. However, it encompasses the efforts made to develop human-being or individual who is pure of heart, pure in mind and pure in deeds where he can function as a member of society, who is civilized and has a high self-esteem. An individual’s awareness towards one’s responsibilities and a high self-esteem can bring for a peaceful and harmonious nation. Thus, the establishment of the Islamic society base on the voice of development together with material values and humanity. Because of which, the role of leaders of Islamic society must be proactive in plotting the path of educational system of the nation based on piety and faith. As for the obligations of ruler in the light of Seerah, I shall refer to the principles which Al-Mawridi r.a has discussed: The preservation of the Faith, true to its origin and in keeping with the consensus of those who participated in the founding of the Ummah, Defense of the Realm. He must carry out the Hadd punishments to ensure the limits prescribed by Allah and so that the rights of general public shall be protected. The other responsibilities are implementation of the principles of Islamic Law, governing disputes, The active propagation of the Faith, The collection of various taxes required by the Shariah, The provision of financial assistance and the assessment of claims against the Treasury, To be solicitous of the public confidence, and to consider fully the council of his advisors in their areas of responsibility, To actively oversee all aspects of government, and to keep himself well and widely informed. This paper thus discusses on the responsibilities of a ruler from the Seerah perspective.

scholarly journals The Implementation of Waqf to Actualize Economic Justice Based on Islamic Law

2020 ◽  
Vol 07 (01) ◽  
pp. 1-18
Author(s):  
Helza Lita
Keyword(s):  
Islamic Law ◽  
Economic Justice ◽  
Community Members ◽  
Economic Class ◽  
The People ◽  
The Holy Quran ◽  
The Republic ◽  
Economic Balance ◽  
Islamic Economic ◽  
The Right

Economic justice is one of the objectives of the implementation of Islamic economic system. Waqf is one of the instruments of Islamic economics. It is interesting to study the implementation of economic justice through waqf and how its regulation in Indonesia. This article employed normative juridical method. Based on the Article 22 of the Law Number 41 of 2004 on Waqf, the purpose of waqf is not solely for the purpose of ritual. It can also be used to realize economic prosperity. Based on these provisions, waqf can be managed for the economic empowerment of the people. This is related to the efforts of the improvement of the economic welfare of the people, especially for the weak economic class. According to Islamic teachings, distributive justice is economic justice based on the Holy Quran, Chapter al-Hasyr (59): 7. Waqf has the potential to create the economic balance of society. Because the principle of ownership, according to Islam, regulates that individuals or certain community members are not the only party who control the management of assets. The weak economic class also have the right. It is to avoid economic inequality. Thus, waqf is a solution to actualize economic justice in order to realize public welfare, which is one of Indonesia’s national goals as stated in the Preamble of the 1945 Constitution of the Republic of Indonesia.

scholarly journals The Islamic Law of Marriage and Inheritance in Kenya

2021 ◽  
pp. 1-25
Author(s):  
Jamil Ddamulira Mujuzi
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
Case Law ◽  
Equal Rights ◽  
High Court ◽  
Personal Status ◽  
The Right ◽  
Law Of Succession ◽  
Court Of Appeal ◽  
Islamic Marriage

Abstract Article 24(4) of the Constitution of Kenya qualifies the right to equality “to the extent strictly necessary for the application of” Islamic law “in matters relating to personal status, marriage, divorce and inheritance”. Section 3 of the Marriage Act provides that, although spouses have equal rights during marriage and at its dissolution, “the parties to an Islamic marriage shall only have the rights granted under Islamic law”. The Law of Succession Act states that it is generally not applicable to the estate of a deceased Muslim. In this article, the author examines case law from the Kadhi's Court, the High Court and the Court of Appeal on issues of Muslim marriages and inheritance. These cases illustrate, in some instances, the tensions between Islamic law and human rights.

Tax Law in Crimea in the Light of Two Yarlıks

2011 ◽  
Vol 38 (4) ◽  
pp. 429-466
Author(s):  
Recep Cigdem
Keyword(s):  
Ottoman Empire ◽  
Islamic Law ◽  
Tax Law ◽  
Independent State ◽  
The Crimea ◽  
Female Slave ◽  
The Right ◽  
The Military ◽  
Shed Light ◽  
Different Parts

AbstractThis article examines two yarlıks about the taxation issued by the governor of autonomous Crimea in June 1609. Two other documents about a female slave dated June 1677 involving the dignitaries of Crimea are also examined. The main aim of this work is to find out whether or not the provisions of the statutes (kanun) of the mainland, Istanbul, were also applied in other autonomous provinces. This article tries to shed light on tax regulations in different parts of the Ottoman Empire and to contribute to our understanding of yarlıks. The Crimean khanate which was established as an independent state around 1420 became a vassal state of the Ottoman empire in 1475 when Mengli Giray recognized Sultan Mehmet II as his suzerain. A Crimea-Muscovy alliance supported by the Ottomans led to the emergence of the Muscovite state as the dominant power in the region. The Russians and the Ottomans had peaceful relations until the middle of the 17th century. From that time onwards, conflicts started to appear and led Russia to invade and annex the Crimea. Although khans were appointed and dismissed by the Ottoman sultans, they were able to maintain independent judicial and financial institutions. The judges were appointed and dismissed by the military judge of the Crimea. The shari'a courts and the diwan (council) were the two main bodies of the judicial system. The trials were conducted by a single qadi/judge in the shari'a courts. Although litigants or defendants had the right to apply to the diwan to review his/her case, the system of appeal in the modern sense was not recognized. Islamic law, custom and the statutory laws constituted the law of the Crimea. In cases of contradiction between custom and governmental orders, custom would prevail. Certain fiscal laws that applied in the mainland of the Ottoman empire were not in practice in the Crimea.

scholarly journals The Effects of Judical Bodies’ Interpretation Forms Of Legal Rules in Turkey on the Education Freedom in Universities

2018 ◽  
Vol 2 (1) ◽  
pp. 46
Author(s):  
Yavuz GÜLOGLU
Keyword(s):  
Constitutional Law ◽  
Political Power ◽  
Natural Extension ◽  
Freedom Of Conscience ◽  
Legal Rules ◽  
The People ◽  
Freedom Of Belief ◽  
Turkish Constitution ◽  
Administrative Jurisdiction ◽  
The Right

The freedom of conscience and belief can be defined as the freedom of people in what they wish to believe without the compulsion of political power and other people by means of laws and other means. The belief of religion that can be accepted as the natural extension of the freedom of conscience and belief is to be free in doing the requirements of the religion that the people believe in with its rituals. While it is not possible and effective to make restrictions in freedom of belief, today, there are some restrictions in some judical systems in freedom of worship. With the principle of secularism which is settled among the principles that the alteration of which are not even be proposed, there have been some different decisions about the administrative acts that cause the violation of belief and worship freedom in the implementation of the right of education which is secured with Constitutional Law in Turkish Constitution. In this study, the effects of the incompatible decisions of administrative jurisdiction about the implementations of the administration related to the education right of students at universities, which is secured by the Fundemental Law, on the freedom of education, especially for the last ten years, will be examined.

scholarly journals HUBUNGAN ANTARA PENERIMAAN DIRI DENGAN PENYESUAIAN DIRI PADA WANITA BERCADAR

Proyeksi ◽  
2020 ◽  
Vol 15 (1) ◽  
pp. 68
Author(s):  
Muh Mustagfirin ◽  
Ruseno Arjanggi
Keyword(s):  
Islamic Law ◽  
Sampling Technique ◽  
Discrimination Index ◽  
Snowball Sampling ◽  
Significance Level ◽  
The People ◽  
Acceptance Scale ◽  
Self Acceptance ◽  
The Veil ◽  
The Right

Every Muslim woman has the right to get the right and freedom to wear clothes that are in accordance with the guidelines of Islamic law and do not conflict with the norms and values that apply in society and culture in Indonesia. In Indonesia, the veil is still considered a taboo subject and has generated a lot of debate, the pros and cons regarding the use of veils among the people are still associated with Arabic culture, political elements, extremist groups and radical groups. This study aims to determine the correlation between self-acceptance and self-adjument in veiled women. The subject in this study were veiled muslim women in semarang, totaling 120 people. The sampling technique uses snowball sampling technique. Data collection uses a scale of adjustment with a discrimination index of 0,305-0,597 and a: 0,884. the self-acceptance scale with item discrimination index moved between 0,284-0,610 and a: 0,907. Analysis of the data in this st[udy used the Product Moment technique. Based on the result of statistical analysis� rxy: 0,776 with a significance level of p= 0,000 (p<0,01). The results of this study indicate that there is a positive relathionship between self-acceptance and self-adjusment in veiled women in semarang.

scholarly journals SPIRIT KEILMUAN WAHYU MEMANDU ILMU DALAM PENGEMBANGAN HUKUM ISLAM

2021 ◽  
Vol 14 (2) ◽  
pp. 243-256
Author(s):  
Deden Najmudin
Keyword(s):  
Everyday Life ◽  
Social Life ◽  
Qualitative Data ◽  
Islamic Law ◽  
Religious Life ◽  
Comparative Methods ◽  
New Paradigm ◽  
The People ◽  
The Times ◽  
Advanced Development

In the development of Islamic law that covers all aspects of people's lives, both in the hereafter problem with all its problems, as well as world problems with all these problems require a new paradigm of scientific mindset. The more advanced development of science and technology also influences the progress of social life, culture, politics, economics and others. So the authors take up this theme using descriptive and comparative methods, and the type of data used in this study is qualitative data. Islamic law requires a new paradigm of mindset and renewal of the views of a problem, especially in everyday life or we can call it contemporary fiqh. The paradigm of the new paradigm becomes more severe, due to contemporary problems, even more complicated when seen from the perspective of fiqh. However, the tradition of the fuqaha used to guide the dynamics of life in his day, so that in this day and age we can imitate the ulama fuqaha by at least contributing to the development of science and understanding, with various kinds of problems in society in accordance with the times, so that the problems of religious life the people are always guided. This paper will raise the opportunity given by Islamic law itself to its people to always criticize it, which allows the emergence of new paradigms along with the emergence of new problems in society.

Human Rights during the COVID-19 Pandemic in Hungary with Special Regard to the Right to Have Contact

2021 ◽  
Vol 14 (2) ◽  
Author(s):  
Orsolya Szeibert
Keyword(s):  
Human Rights ◽  
Everyday Life ◽  
The State ◽  
Legal Rules ◽  
Special Regard ◽  
Patients Rights ◽  
Medical Crisis ◽  
The Government ◽  
The Right ◽  
Parent Child

In Hungary, the government declared a state of danger in March 2020 as a consequence of the COVID-19 pandemic. The state of danger was lifted in June, but epidemological preparedness and state of medical crisis were declared by a government decree. In November 2020, the state of danger was declared for the second time, while epidemological preparedness was maintained. In February 2021, the state of danger was declared again. The list of the legal rules which changed and have been continuously changing because of the COVID-19 pandemic since March 2020 is extremly long and the new provision or the modifications have been heavily influencing the population's everyday life. The aim of this paper is to overview primarily the restrictions affecting human rights with special regard to the right to have contact as one of the patients' rights. Important issues of the parent-child contact affected by the COVID-19 pandemic is discussed, as well.

scholarly journals MAKSIMALISASI POTENSI ZAKAT MELALUI PENINGKATAN KESADARAN MASYARAKAT

2018 ◽  
Vol 3 (2) ◽  
pp. 185
Author(s):  
SITI NURHASANAH ◽  
SURYANI SURYANI
Keyword(s):  
Qualitative Research ◽  
Research Methods ◽  
Research Method ◽  
Islamic Law ◽  
The Public ◽  
The People ◽  
Poor Families ◽  
The Government ◽  
The Right ◽  
To Receive

The theme of the article is: zakat management. The purpose of the article is: to examine the potential of zakat to overcome poverty. The research method used in this research is qualitative research methods. Zakat is a property that must be issued by a Muslim to give to those who have the right to receive it in accordance with Islamic law. The analysis shows that zakat can reduce the number of poor families from 84% to 74%. This shows the extraordinary potential of zakat which can prosper the people. Therefore the people need to be made aware of the importance of fulfilling the obligation of zakat. This awareness can be through socialization and education to the public related to the law, the wisdom of zakat, the assets of the zakat object as well as the procedures for calculation, and the relation between zakat and taxes. This is the duty of the government and the community to continue to campaign for zakat.

Sign in / Sign up

Export Citation Format

Share Document